What do you think about the concept of the wall of separation between church and state? It seems to be a particularly hot button topic these days, but it usually comes up pretty regularly at this time of year because of Christmas displays in public places and celebrations in schools.
We'll take a look at what the Supreme Court has said about these types of issues. Have they built a tall wall of separation or a good neighbor fence?
Did I mention that I was also teaching a second class after the one on Separation of Church and State?
Religion and Race in Revolutionary America
Religion and race during the Revolutionary period created contradictions and tensions that determined how the nation saw its soul. Learn how the Founding Fathers tried to let experience guide them as they defined the values of the new nation. Team taught w/Elliot Trommauld.
Announcing my Clark College class for next quarter: The Wall of Separation Between Church & State
Exercise your right to speak your mind in this discussion-based class, as we examine some of the principles and practices arising from the First Amendment. We’ll begin with a review of the historical basis of the Free Exercise Clause and Establishment Clause, then dive into some recent examples in our community and Supreme Court decisions. Team taught w/ Elliott Trommald. 1/3-2/7 M 1:30-3:20 pm No class 1/17.
I can't wait! I'm really excited about this topic, because I think we'll have some great discussions. I'm busy gathering material to share, so if you have any ideas, lay them on me.
With the explosion of information that's occurred thanks to the internet, and the rapid dissemination of all kinds of material via emails, it's helpful to have reliable tools to research facts.
Here are a couple of sites I've discovered and recommend:
Back in 2001, when she was an Associate Court Judge, Sonia Sotomayor spoke at Berkeley Law School. Her words would come back to haunt her when she was before the Senate for confirmation as a Supreme Court Justice. She had said:
Justice O'Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O'Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.
Here's a clip from the confirmation hearing:
Here is more from the speech Sotomayor gave in 2001:
Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.
However, to understand takes time and effort, something that not all people are willing to give. For others, their experiences limit their ability to understand the experiences of others. Other simply do not care. Hence, one must accept the proposition that a difference there will be by the presence of women and people of color on the bench. Personal experiences affect the facts that judges choose to see. My hope is that I will take the good from my experiences and extrapolate them further into areas with which I am unfamiliar. I simply do not know exactly what that difference will be in my judging. But I accept there will be some based on my gender and my Latina heritage.
I was talking to my children the other day about how to show the idea of something taken out of context, where a person manipulates another's words to make it seem like they are saying something they're not. My kids directed me to this:
Consider the case of Shirley Sherrod, a federal employee (USDA Director of Rural Development in Georgia) who was fired in response to a conservative blogger's post about her. Andrew Breitbart alleged that Sherrod, a black woman, was racist against white people. He posted a video clip of her speaking to the NAACP to support his claim.
The Supreme Court recently heard arguments in the case of Snyder v. Phelps. Just in case you've been living under a rock for the past year or two, here's a clip about the case:
Here's Al Snyder, father of the slain soldier, discussing his view of the case:
Here is the view of the Phelps family, who lead the Westboro Baptist Church:
Let's hear from Australian media commentator Cassandra Wilkinson on the dangers to children related to the internet:
Who is this woman, anyway? Pluto Press lists her author biography this way:
Cassandra Wilkinson is a public-access media advocate, a winning short play writer and co-founder and president of Australia's only all Australian music radio station, FBi FM Sydney.
Cassandra has been a senior political advisor to the NSW Treasurer and other Labor Ministers, and the devoted mother of Holiday, parliamentary wife and one time guitarist with obscure '90s fuzz-pop band Raymond Luxury Yacht.
She has half a degree in fine arts and theatre, half a degree in economics and one whole degree in politics. Cassandra lives in Bundeena with her family and visiting deer.
Interestingly, The Australian newspaper notes her law enforcement background: Cassandra Wilkinson is a director in the NSW public service and was a senior adviser to two former police ministers.
What do you think of her contentions related to the balancing the dangers of the internet and the right of free speech?
In some cases, the payback is extreme: Mark Cuban, the owner of the Dallas Mavericks of the National Basketball Association, was fined $25,000 for criticizing a referee in a tweet after a game.
Blogs, of course, have long been rife with the discontented heaping abuse on foes. But academics and researchers who study online attitudes say that same behavior has been less common on Twitter, in part, because many people use their real names. Now it is migrating to the service, attracting lawsuits and leaving users to haggle among themselves about what will be tolerated.
Complicating matters, there are few prescribed social norms on Twitter like those in more closed communities like Facebook. The service has attained mass popularity without much time to develop an organic users’ culture. On top of that, with tweets limited to 140 characters, users come right to the point without context or nuance.
“It’s the same reason why schoolyard fights don’t start out with, ‘I have a real problem with the way you said something so let’s discuss it,’ ” said Josh Bernoff, a researcher and an author of “Groundswell: Winning in a World Transformed by Social Technologies.” “You get right to the punch in the nose. Twitter doesn’t allow room for reflection. It gets people to the barest emotion.”
...
Bryan Freedman is the lawyer in Los Angeles who is representing Dawn Simorangkir, a designer who markets clothes under the Boudoir Queen label, and who sued Ms. Love for libel in March. The lawsuit contends that Ms. Love “became infatuated” with the designer, asking her to create costumes using vintage material the singer owned.
When Ms. Simorangkir asked to be paid, Ms. Love balked at the price. Ms. Simorangkir, in return, refused to return Ms. Love’s vintage material, according to legal documents filed by Ms. Love’s lawyers. The singer accused the designer of being a liar and thief (among other things) in a number of rambling, misspelled tweets.
“You will end up in a circle of corched eaeth hunted til your dead,” read one tweet from Ms. Love in March.
I don't know about you, but having to read all her typos might prompt me to file a lawsuit for emotional distress.
I've always cautioned my children not to make any jokes about bombs when we go to the airport because security people do not have a big sense of humour. Check out what happened to one British man when he used a social networking site to make such a joke.
...he tweeted to his 690 followers: "Crap! Robin Hood airport is closed. You've got a week and a bit to get your shit together otherwise I'm blowing the airport sky high!!"
His lawyer argued the case in court, noting
"This [message] is obviously facetious," he said. "There are at least three exclamation marks. The first to add to the slightly naughty word 'crap'. The last two to the parody of 'to blow the airport sky high'."
The paper concludes: ...
In a case with echoes of Chambers' trial, US standup comedian Joe Lipari also landed in court on terrorism charges following an outburst on Facebook over the state of his iPhone.
He bought the phone a year ago and, after it repeatedly crashed, took it back to the Apple Store in Manhattan. They tweaked it, it crashed again, and the next day he went back to get a replacement. After waiting hours he stormed home with no replacement and, while watching Fight Club, updated his Facebook status in parody of a cherished line from the film: "Joe Lipari might walk into an Apple store on Fifth Avenue with an Armalite AR-10 gas powered semi-automatic weapon and pump round after round into one of those smug, fruity little concierges."
In no time at all plain clothes police armed with MP5 machine guns were knocking on his door. It didn't help that he had been smoking dope and found the whole scene hilarious, amusement that continued into court, where he was charged with making terrorist threats.
His case is currently adjourned and expected to be dropped.
What do you think about this? Is some speech too explosive, even if it's said or written in jest? Is this what Supreme Court Justice Oliver Wendell Holmes meant when he talked about falsely shouting fire in a crowded theatre? Or do authorities need to lighten up?
When you think of Arnold Schwarzenegger, it's hard to forget his action hero (and some anti-hero) roles in violent films like Conan the Barbarian, True Lies and The Terminator. Now that he is Governor of California, he plays a slightly different role. The Washington Post reports that the upcoming Supreme Court docket includes this:
Schwarzenegger v. Entertainment Merchants Association
California argued in its petition to the Supreme Court that lawmakers should be able to ban sales of violent videogames to those younger than 18 just as they can restrict the sale of sexual material to minors.
The state said violent videogames are "a new, modern threat to children" that cause psychological harm and make minors more likely to exhibit violent or aggressive behavior.
Two trade associations challenged the law before it went into effect, arguing that videogames are a modern form of artistic expression entitled to First Amendment protection.
I like to call this one The Case of the Bashful Petition Signers. In Doe vs. Reed, the US Supreme Court examined the rights of those who signed a petition to place on the ballot a measure which would
NY Law School Professor Arthur S. Leonard describes the case in his blog:
The case arose out of Washington State’s 2009 enactment of a law expanding the state’s existing domestic partnership bill. Senate Bill 5688, referred to as the "everything but marriage bill," built upon the state’s existing domestic partnership law to provide that registered domestic partners would have virtually all the state-law rights of married couples. This proved to be a step too far for some committed opponents of same-sex marriage, who promptly began circulating petitions seeking a referendum to repeal the law. Under Washington procedures, if the petitioners acquired sufficient signatures the law would be stopped from going into effect pending the referendum vote. They got the signatures, and the measure went on the 2009 general election ballot as Referendum 71.
Justice Antonin Scalia, using history, sarcasm and political taunts, laid down a barrage of objections Wednesday to a plea that the Supreme Court create a new constitutional right of anonymity for individuals who sign petitions to get policy measures onto election ballots.
...
Declaring that the rough-and-tumble of democracy is not for the faint-hearted, what Scalia referred to as the “touchy, feely” sensitivity of some political activists, the Justice said “you can’t run a democracy” with political activity behind a First Amendment shroud. “You are asking us to enter into a whole new field,” Scalia told James Bopp Jr., the lawyer for Washington State signers of an anti-gay rights petition. Politics, the Justice went on, “takes a certain amount of civic courage. The First Amendment does not protect you from civic discourse — or even from nasty phone calls.”
Recently, the news was abuzz about a young adult author who'd been invited to attend and speak at a Teen Lit Fest in a suburb of Houston. She was subsequently contacted by the superintendent, who uninvited her because some parents had objected to her inclusion because her subject matter was considered provocative. Her books deal with drug addiction, incest and teen prostitution. Ellen Hopkins blogged about her experience here: http://ellenhopkins.livejournal.com/11666.html Publishers Weekly blog reported on the situation here: http://blogs.publishersweekly.com/blogs/PWxyz/?p=1620
Several authors pulled out in protest, and Superintendent Sconzo (described as "no Atticus Finch" in one article) cancelled the festival altogether.
A simple search of the internet yields many results for events celebrating Banned Book week, September 25-October 2nd. (Some celebrate the entire month of September or October.) Talk about great timing to look at this topic, huh?!
What would Marian the Librarian think if she went into libraries these days? My son's high school librarian was wearing this little number the other day. She was publicizing Banned Books Month, an effort by the American Library Association to highlight attempts to censor books.
There are a variety of organizations devoted to opposing censorship. Let's take a field trip to the website of one of them, The National Coalition Against Censorship. The Coalition oversees a wide variety of projects:
Blogging Censorship: NCAC launchesa blog where staff weigh in daily on current censorship issues, underreported censorship incidents, and policy decisions.
Follow NCAC on Twitter Get quick updates on NCAC cases, and reporting and analysis of censorship news. All in under 140 characters at our Twitter account.
Our new video page! Watch the winners of NCAC's youth film contest, a video of the March 2009 Youth Voices Uncensored event, and videos addressing censorship from around the internet.
You might also want to check out these member organizations:
Vancouver City Council member Jeanne Harris has presented workshops on stress management and mediation to public officials. Two weeks ago, she demonstrated the antithesis of the behaviors she recommends. During a city council meeting, she repeatedly berated a citizen who was addressing the council, demanding that Mayor Tim Leavitt "gavel down" the man. She continued to attempt to shut down his public comment and later, when fellow Council member Jeanne Stewart remonstrated her, she snapped "Shut up."
But don't take my word for it. Check out the video clip for yourself:
The Columbian called for a reprimand of Harris' behavior. But their editorial noted that Harris' underlying concern was correct:
Leavitt said the council will decide next week about any action against Harris, but the correct decision is clear. Harris’ belligerence warrants a reprimand, at minimum, by her fellow councilors. Then the mayor and the council should make more clear the policies for council meetings. City Attorney Ted Gathe says the meetings are not public forums. Citizens comments must address current city issues, should be limited to three minutes and must not be political ax grindings.
Vancouver Symphony Orchestra from http://www.pdxaudio.com/gallery.html
In June 2010, Vancouver City Council confronted a dilemma: how to manage large crowds of people while upholding the right to assemble.
It's one thing when you're dealing with a group of music lovers, seated quietly, as in the photo above at Esther Short Park. It's another thing entirely when there's a protest rally and matters get out of hand, as it did at the WTO Rally in Seattle in 1999.
■ Previously: The Vancouver City Council has been debating whether “expressive activities” — political rallies or other First Amendment-protected speech, for example — in groups of larger than 100 should require a permit and insurance. Monday was the fourth time the group has debated the topic as part of a special events ordinance.
■ What’s new: The council voted 4-3 Monday night against requiring permits, instead instructing staff to create recommendations for notifying the city and for insurance.
■ What’s next: New language will be drafted by the city’s staff and attorneys; the revamped ordinance and recommendations will go before the council again.
The best rule for political and other First Amendment protected speech in Vancouver is to have no rules at all, a narrow margin of the city council decided Monday night.
The seemingly unsexy topic of crafting a comprehensive special events ordinance in time for the city’s concert, fireworks and festival season has sparked a feisty debate over free speech between council members and concerned citizens — particularly members of the Tea Party movement.
Michael Moore has long been a critic of the government. Many criticize him for his moviemaking techniques which take bits and pieces of things to make his points. They argue that his films such as Fahrenheit 911 employ excerpts out of context and don't really contribute to a thoughtful analysis of issues.
Nevertheless, he has his fans. He represents viewpoints shared by many in the US about a variety of topics. In this clip, he looks at the US Patriot Act which followed as a response to the terrorist attacks on September 11th, 2001.
Think about how this contrasts with the presentation of the Alien and Sedition Acts issue in the film John Adams.
Let's take a field trip to a great site about the power of the political cartoonist as exemplified by Herbert Block. We're off to Washington, DC to the Library of Congress' Swann Gallery!
President Richard Nixon was not an enthusiastic supporter of free speech, particularly when it came to speech by those who sought to undermine his objectives. In this clip from June 29, 1971 on the White House Telephone system, he talks with legal adviser Charles Colson about the leaked secret government documents about the Vietnam War, the Pentagon Papers. They discuss the leaker, Daniel Ellsberg, and Nixon hopes that Ellsberg can be tied in with subversives. The president complains about "intellectual types who have no loyalty" and who weren't elected who think they are the ones to determine what's best for the country.
Nixon refers to Ellsberg and the Pentagon Papers in his Speech to Former POWs, May 24, 1973
From Oct. 26, 1973 Press Conference, six days after the Saturday Night Massacre. The Saturday Night Massacre was the term given by political commentators to President Richard Nixon's executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20, 1973 during the Watergate scandal.
From the clever people at http://www.motifake.com/free-speech-protected-right-demotivational-poster-104133.html
I'm really excited about my upcoming course at Clark College. Do you remember the Fred Friendly series about the Constitution? I used to love those shows. Yes, I am a politics/history geek and proud of it. He kicked around a lot of interesting questions with various people who sat in a big circle.
I decided to offer a similar experience to local mature learners. This first set of classes will focus on the First Amendment freedoms of speech and of the press; in the winter, I will offer an examination of the freedom of religion (some say "from religion") found in the Free Exercise and Establishment Clauses.
I am psyched!!
Here's the official course description. Let me know what you think I should include. I have some ideas, of course, but I am always open to your thoughts, interwebs!
Exercise your right to speak your mind in this discussion-based class, as we examine some of the principles and practices arising from the First Amendment. Class will begin with a review of the historical basis of the right to free speech, and then dive into some recent examples in our community and in Supreme Court decisions. This is the first of a series examining the Bill of Rights. Mature Learning classes are for people age 55 and older only.
The intersection between music and art is our topic for today.
Our first artist is Marc Chagall. Marc Chagall was born on July 7, 1887 in Vitebsk, Russia. In 1932 he moved to France. He lived in the United States from 1941 to 1948, and then returned to France. He died in France on March 28. 1985. His painting styles are Expressionism and Cubism. In his paintings, he often painted violinists because he played the violin and also in memory of his uncle, who also played. He was also famous for his paintings of Russian-Jewish villages.
Here is a video of some of his work set to music by Jerry Bock. The music is from a score of "Fiddler on the Roof" and the violin solo is by Isaac Stern.Photo taken by David Michael Kennedy in 1982
Stern was a Ukranian-born violin virtuoso who moved to the US with his family as a baby in 1920. He died just 10 years ago. He was famous for his wonderful musical ability.
Fiddler on the Roof by Marc Chagall animated by Raz Shelach
Three Takes on Pablo Picasso's The Three Musicians :43 and 2:17 and :38
Now it's time for a mini-field trip. We're off to Seattle to see EMP - Experience Music Project!
The building is really unusual. It was designed by architect Frank Gehry. Some people say it is shaped like a giant guitar that was smashed.
Inside are many interesting exhibits about music, with interactive displays so you can make your own music. Here, an artist used many guitars to create a multi-story sculpture.
If you're interested in visiting EMP, you can take advantage of the Free Smithsonian Day offered in September. Visit this link for more details. Admission to EMP includes entry to the very interesting Science Fiction Museum.
Now let's zip down to New Orleans and meet artist George Rodrigue.
His work often features musicians, especially jazz band musicians. He's going to talk to us about one of his iconic figures, the Blue Dog.
Finally, I have a fun image to share with you - a poster of a band painted as though they were from centuries ago.
Here's an interesting article about how people are changing their lives and expectations. Does any of this sound like something you've done, or that others you know have done?
I found an interesting website for an organization called The New American Dream, which emphasizes a more sustainable lifestyle. Check it out here. Tell me what you think about it in the comments.
The Milwaukee Journal covered the publication of James Truslow Adams' book which coined the term The American Dream. You can read the article from 1931 here.
As part of my research to present this course, I encountered a number of websites created by students. Here's one put together by some in the Westphalia region of Germany. Take a look and see what you think.
I've also seen another exhibit of Menzel's photographs relating to a comparison of international standards of living. It's entitled Hungry Planet. Here's how his website describes it:
30 Families, 24 Countries, 600 Meals One Extraordinary Book
In Hungry Planet, Peter Menzel and Faith D'Aluisio present a photographic study of families from around the world, revealing what people eat during the course of one week. Each family's profile includes a detailed description of their weekly food purchases; photographs of the family at home, at market, and in their community; and a portrait of the entire family surrounded by a week's worth of groceries.
To assemble this remarkable comparison, Menzel and D'Aluisio traveled to twenty-four countries and visited thirty families from Bhutan and Bosnia to Mexico and Mongolia. Accompanied by an insightful foreword by Marion Nestle, and provocative essays from Alfred W. Crosby, Francine R. Kaufman, Corby Kummer, Charles C. Mann, Michael Pollan, and Carl Safina, the result of this journey is a 30-course documentary feast: captivating, infuriating, and altogether fascinating.
Michelle Norris of NPR's All Things Considered reports on it here.
Time Magazine offers a slideshow of some of the images. Part 1 is here; 2 is here.
Economist Scott Bailey mentioned an interesting exhibit of photographs taken of families around the world surrounded by all their earthly possessions. I'd seen it on display a while ago, and was intrigued by the concept.
There is a book available which has reproductions of all the photographs. One Amazon.com review describes it:
In honor of the United Nations-sponsored International Year of the Family in 1994, award-winning photojournalist Peter Menzel brought together 16 of the world's leading photographers to create a visual portrait of life in 30 nations. Material Worldtackles its wide subject by zooming in, allowing one household to represent an entire nation. Photographers spent one week living with a "statistically average" family in each country, learning about their work, their attitudes toward their possessions, and their hopes for the future. Then a "big picture" shot of the family was taken outside the dwelling, surrounded by all their (many or few) material goods.
The book provides sidebars offering statistics and a brief history for each country, as well as personal notes from the photographers about their experiences. But it is the "big pictures" that tell most of the story. In one, a British family pauses before a meal of tea and crumpets under a cloudy sky. In another, wary Bosnians sit beside mattresses used as sniper barricades. A Malian family composed of a husband, his two wives, and their children rests before a few cooking and washing implements in golden afternoon light. Material World is a lesson in economics and geography, reminding us of the world's inequities, but also of humanity's common threads. An engrossing, enlightening book. --Maria Dolan
Exploring the boundaries of planet Earth while raising two very excellent Earthlings. In search of the perfect caprese salad. Gravitating toward warm, swim-worthy bodies of water.
Whilst looking for the perfect illustration, I found this at http://garlicgingerturtles.blogspot.com/
